2015-159 2015-159
Resolution Authorizing Supervisor To Execute Amendment No. 2 To The "Agreement
Between The City Of New York And The Town Of Wappinger,New York For
Construction Of A Water Supply And Distribution System"
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls,New York, on July 13,
2015.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called,the following was recorded:
Vote Record-Resolution RES=2015-159
Yes/Aye No/Nay Abstain Absent
QAdopted ............................................................................................................................................................................................................... .......... ...........................................
❑ Adopted as Amended Barbara Gutzler....................................................._i...Voter........... Q ❑ ❑ ❑
. ............................... ........................................................................ ............... .......... ......
❑ Defeated _William Ciccarelli 1 Seconder Q ❑ _ ❑ ❑_
❑ Tabled William H.Beale J Voter Q ❑ ❑ ❑ _
❑ Withdrawn Ismay Czarniecki _Voter Q ❑O ❑_
Michael Kuzmicz Mover € Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Ciccarelli.
WHEREAS,the New York City through its Department of Environmental Conservation
(hereinafter"NYC DEP") and the Town of Wappinger(hereinafter the "Town") are parties to an
Agreement dated August 31, 2012, as amended by Amendment No, 1 dated April 4, 2014 (the
"Agreement"),pursuant to which the Town was obligated to construct a water main to NYC
DEP's construction site, and,to the extent that funding is available,to install a new water
distribution system in the Chelsea Hamlet area, which would expand the existing water district;
and
WHEREAS,pursuant to Section 9(C) of the Agreement,the Town has requested DEP's
approval to use unspent funds from the Total Eligible Cost(as defined in the Agreement)to
connect certain homes in the vicinity of the construction site to the water main installed pursuant
to the Agreement, and DEP has agreed to this request; and
WHEREAS, DEP and the Town have agreed to further amend the terms of the
Agreement all as set forth in Amendment No. 2 to the Agreement, a copy of which is annexed
hereto.
NOW, THEREFORE,BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board Members acknowledge they have read and hereby approves
Amendment No. 2 to the "Agreement between the City of New York and the Town of
Wappinger,New York for Construction of a Water Supply and Distribution System".
The Town Board hereby authorizes and directs the Supervisor to execute Amendment No. 2 by
and on behalf of the Town of Wappinger in substantially the same form as annexed hereto upon
notification by NYC DEP that the City Corporation Counsel has approved the Agreement and
that the Agreement has been registered pursuant to Section 328 of the New York City Charter.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Gutzler, Ciccarelli, Beale, Czarniecki, Kuzmicz
Dated: Wappingers Falls,New York
7/13/2015
The Resolution is hereby duly declared Adopted.
r
0 SEPH P. PAOLONI, TOWN CLERK